Smear Campaign Tools Exposed: Legal Intimidation

We always have a knife in our teeth.
–Richard Berman

Online promotion for Center for Consumer Freedom’s failed anti-lawyer campaign, LawsuitAddiction.com.

Richard Berman despises trial lawyers, and his front groups frequently rage against “frivolous lawsuits,” “fat-cat lawyers,” and a “cabal” of attorneys.

But apparently, that loathing only applies to lawyers working for the public good.

When news came out that Berman was attempting to smear animal welfare groups through a phony “shelter advocacy” group, shelters were outraged by the deception. Berman then attempted to silence them through a campaign of legal intimidation, sending cease and desist letters to a number of shelters and animal welfare bloggers, including Washington Animal Rescue League, Humane Society of Berks County, Richmond SPCA, San Francisco SPCA, Ecorazzi, and Ohmidog.

Many of these shelters took down their comments rather than be faced with defending a meritless, but costly lawsuit.

In order to cast doubt on the victim’s words, Berman and his front groups focus on trivial errors, or even create bold misstatements of fact. In response to Time Magazine’s coverage of Berman’s underhanded tactics in which they stated that HumaneWatch.org paid for advertisements attacking the Humane Society of the United States, Berman’s attorneys objected, claiming that it was the Center for Consumer Freedom that paid for them.

HumaneWatch is an alias of the Center for Consumer Freedom. (Source: 2011 Form 990 tax return)

In reality, HumaneWatch.org is the Center for Consumer Freedom, and is actively doing business as HumaneWatch. Berman’s attorneys protested that Berman is not a lobbyist: he’s a former lobbyist (at least, on paper). They protested the claim that CCF represented the tanning bed industry: it was another of Berman’s deceptive campaigns that failed to downplay the dangers of tanning beds.

Despite nitpicking from Berman’s attorneys, the essence of the article is correct, just as animal shelters’ outrage over Berman’s phony shelter group was correct. Although Berman protested that “HSSP isn’t my group,” HSSP is operated by Berman and Company staff, out of Berman and Company’s offices. As with Berman’s other front groups, a significant portion of its “nonprofit” donations were funneled into Berman’s PR firm and into Berman’s pockets.

The purpose of this legal intimidation is clearly not to set the record straight, but to use Berman’s ill-gotten wealth to bully whistleblowers into silence.

In the case of Richard Berman — an attorney himself — crying crocodile tears about legal intimidation while simultaneously using it to harass animal welfare advocates is doubly offensive.

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http://www.stophumanewatch.org/blog/intimidation

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Berman’s Vermin

The Center for Consumer Freedom (which runs HumaneWatch) recently purchased a full-page ad attacking the Humane Society of the United States. Of course the ad –- published in The Washington Examiner — was filled with the usual array of half-truths, innuendo, and misleading statements that Richard Berman specializes in.

We don’t have a multi-million dollar budget paid for by disreputable corporations, but when Rick Berman throws a hand grenade, we’re happy to pick it up, pull the pin, and throw it back.

We therefore present Berman’s Vermin, a factual, seven point examination of Richard Berman and his unsavory tactics. Many people wrongly assume that HumaneWatch is a watchdog group, or that it is concerned about animal welfare. Please share this graphic on Facebook, Twitter, and Pinterest to help set the record straight!


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Shelter Advocates, or Corporate Puppets?

It appears there’s a new non-profit in town…

In a flurry of expensive ads in several major newspapers, the Humane Society for Shelter Pets has announced its arrival. However, seasoned animal advocates are justifiably wary of this seemingly warm and fuzzy charity.

It turns out that the Humane Society for Shelter Pets (“HSSP”) has no connection with any animal shelters. It doesn’t run a shelter, nor does it fund any shelters. Instead, its Mission Statement claims it is “dedicated to creating a sustainable base of local support for the nation’s network of local pet shelters through grassroots advocacy and outreach”.

While this may seem like a praise-worthy mission, a little poking around on the site shows that:

  • The HSSP website is full of anti-HSUS rhetoric.
  • It cites the Center for Consumer Freedom almost exclusively.
  • It relies on three polls to support its claims: two were commissioned by HumaneWatch, and the third was actually written and conducted by HumaneWatch. (HumaneWatch refuses to reveal the wording and results of the polls.)
  • It focuses almost entirely on the HSUS, ignoring other national groups.
  • It provides no services to shelters whatsoever. Its sole purpose is to attack the HSUS.

If you’re familiar with the deceptive marketing and “educational” non-profit websites that are the hallmark of the Center for Consumer Freedom (parent and puppetmaster of HumaneWatch), you’re probably thinking you’ve seen this all before. You’d be right.

HSSP’s initial press release lists its address as “1090 Vermont Ave NW, Washington, DC 20008 United States”.

That address happens to be the street location for Richard Berman’s PR firm, Berman & Company. It’s also the street location for the Center for Consumer Freedom, the Center for Union Facts, the Employment Policies Institute Foundation, and the American Beverage Institute, among others – all Berman-run front groups.

To be fair, HSSP denies that Berman has anything to do with the daily operations of the organization. However, they do admit to “hiring” Berman & Company as their PR firm. Which leads us to another question…

Why would a supposed animal advocacy organization hire a PR firm with documented record of working vigorously on ANTI-animal causes?

It doesn’t make sense. And that’s not the only question that needs answering.

For example, where does a brand new “grassroots” non-profit get the money to launch a major advertising campaign, in its very first week of existence?

HSSP isn’t saying. Their supporters or partners aren’t listed on their web site. Nor is there a way to look at any of their documentation. Presumably one would have to file a FOIA request – just like with all of Berman’s shell operations.

Furthermore, we already know that Berman & Company does not work pro bono. They are strictly “pay-for-play”. Nor do their services come cheap.

So where does a brand new “grassroots” non-profit get the money to hire one of the most expensive PR firms in Washington, D.C., in its very first week of existence?

HSSP isn’t disclosing that, either.

On HSSP’s Facebook page, several people inquired about the confusing name of the group. Since they clearly do not support the Humane Society of the United States, and since they are not associated with any local humane societies, it seems strange that they would choose to name their organization after an entity they clearly despise.

Additionally, several posters noted the similarity of the rhetoric used on the web site and in the ads to that used by HumaneWatch, and inquired whether the organization was part of, or associated with, HumaneWatch.

None of these seem like unreasonable questions. Yet all of these posters were immediately banned and blocked from the FaceBook page. Again, this is a classic HumaneWatch response to questions, and the similarities are inescapable.

The refusal of HSSP to answer the most basic questions about their agenda and associations has already drawn the attention and suspicion of influential voices of the animal welfare community.

Diana “Didi” Culp: HSUS ex-employee, puppy mill legislation opponent, and co-director of HSSP.

HSUS CEO Wayne Pacelle didn’t mince words:
But now Rick Berman has outdone himself. Now, this Beltway con artist -– who has probably spent as much time as anyone in recent years fighting against animal welfare -– has formed a new supposed animal welfare charity. He’s calling it the “Humane Society for Shelter Pets.”

Neither did Karel Minor of the Humane Society of Berks County:

[The CCF] knows that by making big scary claims and using big numbers they can make people think, even animal people, that HSUS is the problem and keep HSUS on their heels. That is the real reason behind it. When they create sweet little pro-shelter animal websites, using testimonials by HSUS ex-employees (beware testimonials by ex-employees- what did you think of your last boss?), they aren’t doing it to help the animals, they are doing it to muddy the waters.

Pack Mentality author Tom Grady asked HSSP spokesman Jeff Douglas about the allegations. He dodged the question:

HSSP and the Center for Consumer Freedom are separate 501(c)(3) nonprofit organizations.

Berman and Company is the communications firm that was brought on by HSSP during its inception to manage its campaign due to their extensive work in this issue area. HSSP has an independent board and is managed by me — a long-time veterinary advocate — and former director of education for the Humane Society of the United States Diana Culp.

Obviously HSUS will try to paint HSSP as a group run by Rick Berman to avoid answering the real questions about their misleading fundraising practices. And while Rick Berman’s PR firm has helped bring HSSP to fruition, this group is a product of the efforts of a group of individuals with deep ties to the animal welfare community dedicated to improving the well-being of shelter animals across the country. Who we hired as our PR firm should be immaterial to the project.

Douglas’ last sentence is particularly interesting. No competent executive would ever think that the reputation and history of the PR firm you choose to represent your organization is “immaterial”.

You are known by the company you keep. When you claim to be on the side of animals, but hire the foremost defender of animal cruelty on the planet, your credibility vanishes like nonprofit donations into Richard Berman’s bank account.

On the other hand, stating that HSSP and CCF are separate organizations is immaterial. The dubious nonprofits run out of Berman and Company’s office are all separate organizations on paper, yet they employ the same staff, operate out of the same office, and funnel money into the pockets of the one seedy individual.

They may be separate organizations, but there’s little doubt about who’s really pulling the strings.

Tomorrow, we’ll examine who’s backing this deceptive group, and explore a comment by HSSP’s co-founder that reveals more than he intended.

Revenge of the sockpuppet

Some time ago, HumaneWatchers exposed a “secret group” of HSUS fans who were undermining HumaneWatch’s industry-funded efforts to spread lies and libel around the internet. That covert group had been hiding in a place where only the most clever of investigators could have found them: a Facebook group named “Stop HumaneWatch“.

Members of SHW were undoubtedly stunned by the revelation. “How could they have identified us?” they must have wondered. “They must have a spy in our midst!”

HumaneWatch revealed more of that investigative prowess today. David Martosko singlehandedly uncovered the fact that HSUS employees Anne, Sarah, and Hillary were operating under the pseudonyms “AnneHSUS”, “SarahHSUS”, and “HillaryHSUS”. It was a fiendishly clever disguise that only a master of deduction (or perhaps opera) could have exposed. Well, that, or someone who actually reads their comments, in which they often and openly disclosed the fact that they are employed by the HSUS.

Not content to rest on his already-squashed and misshapen laurels, Martosko repeated his false claim that HSUS uses “unethical tactics to hide their identities”, linking to his earlier article about veterinarian Patty Khuly. Following the “sockpuppet” incident — which did not involve an HSUS employee — Dr. Khuly publicly apologized “for having egregiously implied the HSUS was behind the missives”. And in a phone interview, she confirmed that she had notified David Martosko in email that she had no evidence implicating the HSUS or its employees in the incident.

Martosko was informed that his sockpuppet story is incorrect. He knows that his repetition of that falsehood is a lie. and he continues to lie about it, just as he refers to the retracted WSB-TV story he provided misinformation for.

Martosko writes in his blog on sockpuppets:

By trying to hide your identity when you leave a comment, you’re trying to influence everyone else’s perception of how credible the article is by pretending to be a disinterested third party who’s just offering a fair critique.

But here’s a news flash for HSUS employees: Blogs keep logs. And those records include the IP address of everyone who stops by to leave an incendiary remark.

Martosko’s definition is slightly off — a consistent pseudonym does not a sockpuppet make — but his warning about IP traces is absolutely correct.

The HSUS does not use sockpuppets. There is an official policy against it at the Humane Society of the US, and their employees are invariably patient, professional, and courteous in the face of mind-numbing ignorance and hate from HumaneWatchers. If HSUS employees depended on these unethical tactics, they would certainly have been exposed and discredited by now.

Allow me to demonstrate.

Consider the following comment left on this website by an individual named “Greg”, who signed up with the fake email address “SuckItSchiff@EatMe.com”:

Where’s the DISLIKE button? Hope the money from Pacelle feels good. Your heart is a black rock.

When we first saw this comment, we dismissed it as the usual HumaneWatcher bile. But the homoerotic oral fixation expressed by “Greg” towards our happily-married webmaster disturbed us. So we followed Martosko’s advice on incendiary remarks, and traced the IP address of the poster through an IP geolocation service.

A well-known drunk driving zone in Burke, VA

Lo and behold, that IP address is assigned to Verizon FIOS account belonging to a Washington DC account holder residing in Burke, VA. And that address happens to be a stone’s throw away from the home address of that serial liar and crusader against sockpuppetry, David Martosko.

Geolocation is not an exact science: without a subpoena to force an internet provider to hand over access records, only the neighborhood can be pinpointed. So it’s possible that it was one of Martosko’s sexually conflicted neighbors hiding behind that phallocentric sockpuppet identity, and they just happened to randomly target this website with a personal attack. Sure. It could happen.

But it’s far more likely that this is yet another example of Martosko’s true colors showing through his threadbare suit.

Martosko’s lawyer, Atticus Reaser, specializes in DUI defense, traffic defense, and computer crime defense. When David Martosko called his office, Mr. Reaser hit the trifecta.

And here’s a teaser for an upcoming article: if Mr. Reaser can brush up on libel law, he’ll have hit the superfecta.